Supreme Court of Canada Cases Strengthen Argument for Municipal Obligation to Discharge Duty to Consult: Time to Put Neskonlith to Rest

16 Pages Posted: 17 Jul 2019

See all articles by Angela D'Elia Decembrini

Angela D'Elia Decembrini

First Peoples Law Corporation

Shin Imai

York University - Osgoode Hall Law School

Date Written: 2019

Abstract

Can municipalities infringe Aboriginal or treaty rights without consulting the affected Indigenous group? In Neskonlith Indian Band v. Salmon Arm (City), the British Columbia Court of Appeal answered this question in the affirmative, finding that the city of Salmon Arm did not need to consult the Neskonlith First Nation about impacts from the construction of a shopping mall. In what was technically obiter dicta, the Court permitted the municipal project to proceed, and told the First Nation that its only recourse was to complain to the provincial government in a separate proceeding.

Note: Copyrighted (c) by the authors. To use this article elsewhere, permission must be obtained from the authors and the Alberta Law Review.

Suggested Citation

Decembrini, Angela D'Elia and Imai, Shin, Supreme Court of Canada Cases Strengthen Argument for Municipal Obligation to Discharge Duty to Consult: Time to Put Neskonlith to Rest (2019). Alberta Law Review. Volume 56 Issue 3 (2019), p. 935-950; Osgoode Legal Studies Research Paper . Available at SSRN: https://ssrn.com/abstract=3420923

Angela D'Elia Decembrini

First Peoples Law Corporation

111 Water St #300
Vancouver, British Columbia
Canada

Shin Imai (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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